(a) In this subsection, “master lease" means an agreement entered into on behalf of the state for the lease of goods and related services under which the state agrees to make periodic payments, which may provide for the state to acquire title to the goods upon compliance with the terms of the agreement.
(b) The committee on organization of the assembly is requested to enter into a master lease for the acquisition of 100 laptop computers for assembly offices during fiscal year 1997-98. The costs of any such agreement shall be paid from the appropriation under section 20.765 (1) (d) of the statutes, as affected by this act, within the amounts budgeted for that appropriation in the schedule under section 20.005 (3) of the statutes.
(1to)
Vending machines. The legislative audit bureau shall study the feasibility of replacing the sales tax on food and beverages sold from vending machines with a permit fee imposed on the owners of those machines, the fiscal effects of that change and the possible constitutional problems that would arise from that change. The legislative audit bureau shall report the results of its study to the legislature, in the manner provided under section 13.172 (2) of the statutes, on or before February 1, 1998.
(1xyg)
Study of state centers for the developmentally disabled. The department of health and family services shall conduct a study on the future of the state centers for the developmentally disabled and, by September 1, 1998, shall submit a report containing the department's findings and conclusions in the manner provided under section 13.172 (2) of the statutes and to the governor.
(2a) Integrated legislative information system staff creation.
(a) Positions and employes. All positions and incumbent employes holding positions in the legislature related to the functions of the integrated legislative information system staff on the effective date of this paragraph, as determined by the joint committee on legislative organization, are transferred to the integrated legislative information system staff.
(b) Tangible personal property. On the effective date of this paragraph, all tangible personal property, including records, of the legislature relating to the functions of the integrated legislative information system staff, as determined by the joint committee on legislative organization, is transferred to the integrated legislative information system staff.
(c) Contracts. All contracts entered into by the legislature in effect on the effective date of this paragraph that are primarily related to the functions of the integrated legislative information system staff, as determined by the joint committee on legislative organization, remain in effect and are transferred to the integrated legislative information system staff. The integrated legislative information system staff shall carry out any obligations under such a contract until modified or rescinded by the integrated legislative information system staff to the extent allowed under the contracts.
(d) Pending matters. Any matter pending with the legislature on the effective date of this paragraph relating to the functions of the integrated legislative information system staff is transferred to the integrated legislative information system staff and all materials submitted to or actions taken by the legislature with respect to the pending matter are considered as having been submitted to or taken by the integrated legislative information system staff.
(2g) Touring exhibit of Wisconsin state capitol. The joint committee on legislative organization, in cooperation with the state historical society of Wisconsin, shall establish a touring exhibit dealing with the history of the Wisconsin state capitol through photographs, videotapes and artifacts. For this purpose, the committee may authorize expenditures of not more than a total of $100,000 in fiscal year 1997-98 from the appropriation under section 20.765 (1) (d) of the statutes, as affected by this act, at such times as the committee determines, within the amounts budgeted for that appropriation in the schedule under section 20.005 (3) of the statutes, to support production of the exhibit upon notification by the state historical society of Wisconsin to the cochairpersons of the committee that the society has received matching donations in the same amounts to finance the exhibit.
(2r) Residential schools. From the appropriation under section 20.865 (4) (a) of the statutes, the joint committee on finance shall supplement the appropriation to the department of public instruction under section 20.255 (1) (b) of the statutes, in an amount equal to $91,200 in each fiscal year of the 1997-99 fiscal biennium, if the joint committee on finance approves the applicable plan under Section 9140 (1) of this act. Notwithstanding section 13.101 (3) (a) of the statutes, the committee is not required to find that an emergency exists.
(2t)
Review of racetrack operation contract compliance. No later than July 1, 1998, the legislative audit bureau shall review any contract entered into by the state fair park board with respect to the operation of a racetrack on the grounds of the state fair park to determine whether the racetrack operator has complied with all of the terms of the contract. The legislative audit bureau shall notify the building commission when the bureau has completed its review under this subsection.
(2z) Temporary assistance to needy families funding reserve.
(a) During the 1997-98 fiscal year, from the appropriation under section 20.865 (4) (m) of the statutes, as created by this act, the joint committee on finance shall allocate $14,000,000 to supplement payments under section 49.775 of the statutes, as created by this act, for the support of dependent children of recipients under the federal supplemental security income program or under section 49.77 of the statutes.
(b) From the appropriation under section 20.865 (4) (m) of the statutes, the joint committee on finance shall supplement the appropriation to the department of health and family services under section 20.435 (7) (ky) of the statutes for the purpose specified in paragraph (a) if all of the following occur:
1. The department of health and family services submits to the committee a request for the funds.
2. The committee approves the request, or the cochairpersons do not notify within 14 working days after the receipt of the request the secretary of health and family services that it has scheduled a meeting for the purpose of reviewing the request.
(c) 1. If the department of health and family services certifies that federal law does not recognize payments made under section 49.775 of the statutes, as created by this act, as meeting the maintenance-of-effort requirements under 42 USC 1382g, the committee shall supplement the appropriation account under section 20.435 (7) (ky) of the statutes by an amount sufficient to make payments under section 49.775 of the statutes, as created by this act, but not to exceed $14,000,000.
2. If the department of health and family services certifies that the federal government recognizes payments made under section 49.775 of the statutes, as created by this act, as meeting the maintenance-of-effort requirements under 42 USC 1382g, the committee shall supplement the appropriation account under section 20.435 (7) (ky) of the statutes by an amount sufficient, but not to exceed $14,000,000, to make payments under section 49.775 of the statutes, as created by this act, and to ensure that benefit levels under section 49.77 of the statutes need not be modified solely to reinstate those benefits for legal immigrants.
(d) Notwithstanding section 13.101 (3) (a) of the statutes, the committee is not required to find that an emergency exists to supplement the appropriation under section 20.435 (7) (ky) of the statutes as provided in this subsection.
(3pt)
Audit of abuse investigations. The legislative audit bureau is requested to perform a performance evaluation audit to compare the investigation processes of the department of health and family services under section 146.40 (4r) (b) of the statutes, as affected by this act and the department of regulation and licensing under section 440.03 (3q) of the statutes, as created by this act, and any private investigators with whom the department of health and family services has contracted under section 146.40 (4r) (er) of the statutes, as created by this act. The audit shall compare methods, timeliness and outcomes of the investigations. If the legislative audit bureau performs the audit, it shall file its report as described under section 13.94 (1) (b) of the statutes by June 30, 2000.
(3x) Audit of mass transit services.
(a) In this subsection, “mass transit system" has the meaning given in section 85.20 (1) (e) of the statutes.
(b) The legislative audit bureau shall conduct a financial audit of mass transit services provided to the campuses of the University of Wisconsin System. As part of its audit, the bureau shall examine the subsidies provided to mass transit systems by the University of Wisconsin System and compare the revenue derived from fares to the operating expenses of mass transit systems. The bureau shall submit its audit report to the joint committee on finance by December 31, 1998.
(4z)
Participating employment by annuitants in the Wisconsin retirement system.
(a) The retirement research committee is requested to study the extent to which participants in the Wisconsin retirement system are concurrently receiving a salary from a participating employer in the Wisconsin retirement system and an annuity from the Wisconsin retirement system.
(b) If the retirement research committee conducts the study specified in paragraph (a), the retirement research committee shall submit a report of its findings and recommendations to the joint survey committee on retirement systems by March 8, 1998. At the time that the retirement research committee submits the report to the joint survey committee on retirement systems, the retirement research committee may also submit proposed legislation that is necessary to implement the retirement research committee's recommendations.
(6zg)
Efficiency measures. The joint committee on legislative organization shall endeavor to ensure that expenditures from the sum of general purpose revenue appropriations under section 20.765 of the statutes shall be less than the sum of the amounts shown for general purpose revenue appropriations under section 20.765 of the statutes in the schedule under section 20.005 (3) of the statutes by at least $893,200 for the 1997-98 fiscal year and by at least $893,200 for the 1998-99 fiscal year.
(7c) Health care coverage for low-income individuals.
(a) During the 1998-99 fiscal year, from the appropriation under section 20.865 (4) (a) of the statutes, the joint committee on finance shall allocate $15,726,900 for the badger care program under section 49.665 of the statutes, as created by this act. The joint committee on finance may supplement the appropriation under section 20.435 (5) (bc) of the statutes, as created by this act, if all of the following occur:
1. The department of health and family services demonstrates to the committee that the federal department of health and human services approved all of the waivers necessary to implement the badger care program under section 49.665 of the statutes, as created by this act.
2. The department of health and family services submits to the committee a request for the funds.
3. The committee approves the request, or the cochairpersons do not notify within 14 working days after the receipt of the request the secretary of health and family services that it has scheduled a meeting for the purpose of reviewing the request.
(b) If the department of health and family services indicates that it is unable to receive sufficient waivers to implement the badger care program under section 49.665 of the statutes, as created by this act, the joint committee on finance shall allocate $16,600,000 to support the costs of expanding health care coverage for low-income individuals.
(c) Notwithstanding section 13.101 (3) (a) of the statutes, the committee is not required to find that an emergency exists to supplement the appropriation under section 20.435 (5) (bc) of the statutes, as created by this act, as provided in paragraph (a).
(7h)
Study of limits on number of children cared for by child care providers and training standards for child care providers. The joint legislative council is requested to conduct a study of the appropriate statutory limits on the number of children for whom the different types of child care providers in this state may provide care and on the amount of training and education that is appropriate to require of a person providing child care at a day care center licensed under section 48.65 of the statutes and of a child care provider certified under section 48.651 of the statutes. If the joint legislative council conducts the study, the joint legislative council is requested to include in the study an examination of the appropriate statutory limits on the number of children who may be cared for by a day care center that is licensed under section 48.65 of the statutes, a child care provider that is certified under section 48.651 of the statutes and a child care provider that is not licensed or certified under section 48.65 or 48.651 of the statutes and, in examining those limits, to consider the ages of the children who are provided care and the relationship of those children to the child care provider. If the joint legislative council conducts the study, the joint legislative council is requested to report its findings, conclusions and recommendations to the legislature in the manner provided under section 13.172 (2) of the statutes, to the cochairpersons of the joint committee on finance and to the governor by January 1, 1999.
27,9136
Section 9136. Nonstatutory provisions; military affairs.
(1m) Emergency management.
(a) Assets and liabilities. On the effective date of this paragraph, the assets and liabilities of the state emergency response board shall become the assets and liabilities of the division of emergency management in the department of military affairs.
(b) Tangible personal property. On the effective date of this paragraph, all tangible personal property of the state emergency response board is transferred to the division of emergency management in the department of military affairs.
(c) Contracts. All contracts entered into by the state emergency response board that are in effect on the effective date of this paragraph are transferred to the division of emergency management in the department of military affairs. The division of emergency management in the department of military affairs shall carry out any obligations under such a contract until modified or rescinded by the division of emergency management in the department of military affairs to the extent allowed under the contract.
(d) Rules and orders. All rules promulgated by the state emergency response board that are in effect on the effective date of this paragraph remain in effect until their specified expiration dates or until amended or repealed by the division of emergency management in the department of military affairs. All orders issued by the state emergency response board that are in effect on the effective date of this paragraph remain in effect until their specified expiration dates or until modified or rescinded by the division of emergency management in the department of military affairs.
(e) Pending matters. Any matter pending with the state emergency response board on the effective date of this paragraph is transferred to the division of emergency management in the department of military affairs and all materials submitted to or actions taken by the state emergency response board with respect to a pending matter are considered as having been submitted to or taken by the division of emergency management in the department of military affairs.
27,9137
Section 9137.
Nonstatutory provisions; natural resources.
(1)
Fish and game approval issuing system and campground reservation system. The department of natural resources may use the procedure under section 227.24 of the statutes to promulgate rules under sections 27.01 (7) (e) 2., (7m) (c) and (11) (b) and 29.09 (3m) and (3r) of the statutes, as created by this act. If the department uses this procedure to promulgate any of these rules, the department shall promulgate the rules within 90 days after the effective date of this subsection. Notwithstanding section 227.24 (1) (a) and (2) (b) of the statutes, the department is not required to make a finding of emergency for a rule promulgated under this subsection. Notwithstanding section 227.24 (1) (c) and (2) of the statutes, the effective period of a rule promulgated under this subsection is for one year after its promulgation and may not be further extended under section 227.24 (2) of the statutes.
(1hm)
Water pollution credit trading pilot project. During the 1997-99 fiscal biennium, the department shall select an area within the Hay River Watershed that includes the city of Cumberland as the project area for the program under section 283.84 of the statutes, as created by this act.
(2hg)
Clean water fund hardship assistance application deadline. Notwithstanding the requirement in section 281.58 (13) (d) of the statutes that a municipality, as defined in section 281.01 (6) of the statutes, submit a complete application no later than June 30 of the preceding fiscal year in order to be ranked on the clean water fund financial hardship assistance funding list for a fiscal year and notwithstanding the requirement in section 281.58 (9) (a) of the statutes, as affected by this act, that a municipality have an approved facility plan before submitting an application for clean water fund assistance, the department of natural resources shall rank a project of a town sanitary district that is eligible for clean water fund financial hardship assistance under section 281.58 (13) (b) of the statutes, as affected by this act, on the clean water fund financial hardship assistance funding list for the 1997-98 fiscal year if all of the following apply:
(a) The town sanitary district submits a complete application no later than the effective date of this paragraph.
(b) The project is for the construction of a new wastewater treatment plant.
(c) The town sanitary district is located on USH 45, north of STH 64.
(d) The town sanitary district had 197 connections on December 31, 1996, of which 161 were residential connections.
(3) Recreational boating project; High Cliff State Park. From the appropriation under section 20.370 (5) (cq) of the statutes, as affected by this act, the department of natural resources shall expend the amount that is necessary for the construction of breakwater structures in Lake Winnebago at the entrance of High Cliff State Park harbor to provide for boater safety, but the amount may not exceed $500,000. The department may either expend the amount directly or provide it as a grant to Calumet County. Notwithstanding section 30.92 (4) (b) 2. of the statutes, as affected by this act, neither the department nor Calumet County need contribute any moneys to match the amount expended from the appropriation under section 20.370 (5) (cq) of the statutes, as affected by this act. Notwithstanding section 30.92 (4) (a) of the statutes, the department may expend directly the amount authorized under this subsection even though Lake Winnebago is not an inland lake without a public access facility. The amount expended under this subsection shall be considered an expenditure for an inland water project as provided in section 30.92 (4) (b) 6. of the statutes. This project need not be placed on the priority list under section 30.92 (3) (a) of the statutes. Section 20.924 (1) of the statutes, as affected by this act, does not apply to the construction of these breakwater structures. This subsection does not apply after June 30, 2000.
(3g)
Report on paving bicycle trails. By July 1, 1998, the department of natural resources shall submit a report to the legislature for distribution to the appropriate standing committees in the manner provided in section 13.172 (3) of the statutes on the feasibility of paving state bicycle trails, including factors such as the effects of paving on trail maintenance and usage and the applicability to Wisconsin of similar efforts in other states.
(3x) Emergency rules for safe drinking water program. Using the procedure under section 227.24 of the statutes, the department of natural resources may promulgate rules for the program under section 281.61 of the statutes, as created by this act, for the period before the effective date of permanent rules for the program, but not to exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) (a) and (2) (b) of the statutes, the department need not provide evidence of the necessity of preservation of public peace, health, safety or welfare in promulgating rules under this subsection.
(4eq)
Tire waste.
(a) During the 1997-99 fiscal biennium, from the appropriation under section 20.370 (2) (da) of the statutes, as created by this act, the department of natural resources shall make a payment to each person who received a waste tire reimbursement grant under sections NR 555.08 to 555.12, Wisconsin Administrative Code, for waste tires used during 1995 if the grant was prorated. The payment may not exceed the amount by which the grant was reduced because it was prorated. The total amount of the payments under this paragraph may not exceed $1,135,700.
(b) If funds are available for expenditure during the 1997-99 fiscal biennium from the appropriation under section 20.370 (2) (da) of the statutes, as created by this act, after making the payments under paragraph (a), the department shall expend funds from that appropriation for nuisance abatement under section 289.55 of the statutes at tire dumps, as defined in section 289.55 (1) (b) of the statutes, as affected by this act, that contain solid waste resulting from manufacturing tires.
The department may not expend more than $400,000 for this purpose.
(c) If funds are available for expenditure during the 1997-99 fiscal biennium from the appropriation under section 20.370 (2) (da) of the statutes, as created by this act, after funding the nuisance abatement under paragraph (b), the department may expend the funds for nuisance abatement under section 289.55 of the statutes at tire dumps, as defined in section 289.55 (1) (b) of the statutes, as affected by this act, that do not contain solid waste resulting from manufacturing tires.
(5) Permit guarantee program. The department of natural resources shall submit proposed rules required under section 299.05 of the statutes, as created by this act, to the legislative council staff for review under section 227.15 (1) of the statutes no later than the first day of the 13th month beginning after the effective date of this subsection.
(6g) Brownfields study.
(a) In this subsection, “brownfields" means abandoned, idle or underused industrial or commercial facilities or sites, the expansion or redevelopment of which is adversely affected by environmental contamination.
(b) The department of natural resources, in cooperation with the departments of commerce, administration, revenue, transportation and agriculture, trade and consumer protection, shall do all of the following:
1. Study the means by which this state can increase the number of brownfields that are cleaned and returned to productive use.
2. Study the potential methods to provide long-term funding of brownfields financial assistance programs.
3. Study optional methods to clean up groundwater on a comprehensive, rather than property-by-property, basis.
4. Study the effectiveness of existing laws concerning the redevelopment of brownfields.
4m. Study the definition of “voluntary party" under section 292.15 (1) (f) of the statutes, as affected by this act.
5. Identify and evaluate additional legislative proposals to further the cleanup and redevelopment of brownfields.
6. Identify potential sources of funding for brownfield cleanups for which this state becomes responsible because of the expansion of section 292.15 of the statutes, as affected by this act, to cover persons who did not intentionally or recklessly cause the release of a hazardous substance.
(c) The department of natural resources shall submit a report of the results of paragraph (b) and any recommendations to the joint committee on finance and to the legislative standing committees with jurisdiction over environmental matters
no later than March 1, 1998.
(7gm) Hydrogeologist position authorization. The authorized FTE positions for the department of natural resources are increased by 6.0 PR hydrogeologist positions, to be funded from the appropriation under section 20.370 (2) (dh) of the statutes, as affected by this act, for the purpose of performing services related to remedying environmental contamination.
(7gx)
Hydrogeologist position authorization. The authorized FTE positions for the department of natural resources are increased by 1.0 PR hydrogeologist position, to be funded from the appropriation under section 20.370 (2) (dh) of the statutes, as affected by this act, for the purpose of performing services related to remedying environmental contamination.
(7m)
Information technology expenditure request. No later than the joint committee on finances' 3rd quarterly meeting held under section 13.10 of the statutes for the 1997-98 fiscal year, the department of natural resources shall submit a plan to expend money from the appropriation under section 20.370 (8) (mt) of the statutes, as affected by this act, to conform the department of natural resources' information technology to any guidelines and standards established under section 16.971 (2) (j) of the statutes by the division of technology management in the department of administration. The expenditure plan shall include all of the following information:
(a) The unencumbered balance in the department of natural resources' appropriation account under section 20.370 (8) (mt) of the statutes, as affected by this act, broken down by the amounts allocated for car, truck, airplane, heavy equipment and radio pools.
(b) The department of natural resources' proposed expenditure of excess funds from the appropriation account under section 20.370 (8) (mt) of the statutes, as affected by this act, to conform to the information technology guidelines established under section 16.971 (2) (j) of the statutes.
(c) The department of natural resources' assessment of how a one-time expenditure of funds from this appropriation would affect the following:
1. The rates charged for car, truck, airplane, heavy equipment and radio pools.
2. The sufficiency of revenues credited to the appropriation account under section 20.370 (8) (mt) of the statutes, as affected by this act, to fund the projected expenditures from that appropriation.
(d) A description of any proposed purchases of other equipment that would have to be foregone in order to make the proposed transfer from the appropriation account under section 20.370 (8) (mt) of the statutes, as affected by this act.
(e) The programs within the department of natural resources that provided the revenue proposed to be expended under the plan and the programs within the department of natural resources that are proposed to be benefited by the expenditures.
(7n) Emergency rules; certified remediation professionals. By February 1, 1998, the department of natural resources shall promulgate emergency rules under section 227.24 of the statutes implementing section 292.85 of the statutes, as created by this act. The emergency rules shall authorize a person to become a certified remediation professional by certifying to the department that the person possesses the minimum education and experience required under the rule for certified remediation professionals. Notwithstanding section 292.85 (4) (c) of the statutes, as created by this act, the department is not
required to publish notice of applications for certificates under the emergency rule. A certificate issued under the emergency rule is valid until such time, as determined by the department, that a person may become certified under permanent rules promulgated by the department or until the certificate is revoked. Notwithstanding section 227.24 (1) (c) and (2) of the statutes, the emergency rules may remain in effect for a period not to exceed 2 years. Notwithstanding section 227.24 (1) (a) and (2) (b) of the statutes, the department need not provide evidence of the necessity of preservation of the public peace, health, safety or welfare in promulgating the rules under this subsection.
(7x) Limit on clean water fund program assistance. Notwithstanding section 281.58 (6) (b) and (7) of the statutes, as affected by this act, during the 1997-99 fiscal biennium, the department of natural resources and the department of administration may not provide financial assistance under the clean water fund program, except for a loan at the market interest rate, for a project for wastewater treatment work expansion and extension of sanitary sewer mains or interceptors of over one mile if the project serves a community with a population of less than 2,500 that is located on STH 42 and on one of the outlaying waters specified in section 29.01 (11) of the statutes.
(8c) Allocation of clean water fund hardship assistance.
(a) Notwithstanding section 281.59 (3e) (d) and (e) of the statutes, as affected by this act, in the 1997-99 fiscal biennium the department of natural resources may allocate for clean water fund financial hardship assistance an amount up to $20,160,000 from the amount under section 281.59 (3e) (b) 1. of the statutes, as affected by this act, and the department of natural resources and the department of administration may allocate for clean water fund financial assistance other than financial hardship assistance an amount up to $70,040,000 from the amount under section 281.59 (3e) (b) 1. of the statutes, as affected by this act.
(b) From the amount that the department of natural resources is authorized to allocate under paragraph (a) for clean water fund financial hardship assistance, the department shall allocate an amount in fiscal year 1997-98 that is sufficient to fund the Pell Lake Sanitary District and Lake Como Beach Sanitary District projects in Walworth County.
(8m) Clean water fund hardship assistance for the village of Wheeler.
(a) Notwithstanding section 281.58 (13) (c) of the statutes, during fiscal year 1997-98, the department of natural resources shall provide a clean water fund financial hardship assistance grant of $213,000, rather than a loan, for a project in the village of Wheeler in Dunn County.
(b) The limits under section 281.59 (3e) (b) and (e) of the statutes, as affected by this act, may be exceeded by the amount necessary to fund the grant under paragraph (a).
(8tt)
Recreational boating project; Stockbridge Harbor. From the appropriation under section 20.370 (5) (cq) of the statutes, as affected by this act, the department of natural resources shall provide to Calumet County funding for the completion of Stockbridge Harbor on Lake Winnebago. Calumet County and the department shall contribute funding for the project. Calumet County shall contribute for the project the amount required by the department and approved by the Wisconsin waterways commission. If Calumet County conducts a boating safety enforcement and education program approved by the department, the department's contribution shall equal 90% of the project's costs or $630,000, whichever is less. If Calumet County does not conduct such a program approved by the department, the department's contribution shall equal 80% of the project's costs or $560,000, whichever is less. Calumet County's contribution may be in matching funds or in-kind contributions or both. The amount expended under this subsection shall be considered an expenditure for an inland water project as provided in section 30.92 (4) (b) 6. of the statutes. This project need not be placed on the priority list under section 30.92 (3) (a) of the statutes. This subsection does not apply after June 30, 2000.